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by diogenescynic 3799 days ago
>Doesn't the initial LCA application with the Dept. of Labor requires you to submit wage details that conclusively prove that the offered wages are as per market norms.

There's nothing preventing you from applying for a lower LCA level. For example, say you have someone with 15 years of experience in system architecture and they have a Master's degree, and are bilingual, etc. Instead, you apply for a generic software engineer LCA, with a bachelor's degree with 3-5 years of experience. Now isntead of the LCA being approved for $150,000 it's down to $80,000. The immigrant doesn't complain because they're still getting a raise and have a chance to get a Green card. Meanwhile the company is getting to severely underpay (profit!) the worker.

There are all kinds of ways to game the LCA system. Apply for a location in Indiana, then bring the workers to Chicago. Apply for Arizona then bring them to LA. All the tech companies are abusing the system to their own advantage. USCIS is poorly funded and hardly checks on this, if ever.

2 comments

@refurb >I'm not sure that would work. A part of the H1B approval process is to evaluate the skill level of the applicant, to make sure it lines up with the role the company is applying for.

If you've ever applied for an H-1B then you know that's not how it works. The 'process to evaluate the skill' is simply filling out a form online for their experience level, job title, and location. Give it a test here: http://www.flcdatacenter.com/OesWizardStart.aspx

It's very easy to game their job title and location to lower the salary.

I'm not sure that would work. A part of the H1B approval process is to evaluate the skill level of the applicant, to make sure it lines up with the role the company is applying for.